Japanese Date & Time:  
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Terms Used
  • "The Company", "We", "Our", gUsh refer to Taiyo Trading Co., Ltd.
  • "The Customer", gYouh, gYourh refer to any person who accesses this Website, purchases vehicles and/or makes use of the services through the Website.
  • "the Website" refers to all internet pages in the www.taiyocar.com/ domain
 
1. General

By accepting the services of the Company, the Customer agrees to be bound by these TERMS and CONDITIONS.

To obtain access to certain services and to buy vehicles from auctions and/or from our stock lists through the Website, the Customer is required to register with the Website.

The Company reserves the right to modify these TERMS and CONDITIONS at any time without notice.
 
2. Services We provide
  • Sourcing and export of motor vehicles including cars and trucks.
  • Sourcing and export of accessories and spare parts
  • Other
 
3. Customer Registration

The Customer is limited to an adult/an incorporated body with the legal capacity to enter into bidding contracts, and agree to provide true, accurate , current information about You as requested on the Registration Form the Company provides in the Website.

The Customer is responsible for the security and management of Your ID and Password the Company provides in the Website.

The Company reserves the right to refuse or cancel the applicant's membership at Our discretion

The Company may terminate or suspend operation of the service where the Company has reason to believe that the Customer has violated any provision of these TERMS and CONDITIONS.

 
4. Stock list / fixed price vehicles

The fixed price vehicles are not in the possession of the company. Pictures and information provided are from actual units for sale. If additional details are required, We are glad to comply.

 
5. Auction Request

The Customer with deposits can make a bid request through the Auction Order Form the Company provides in the Website. Until the Customer reaches a satisfactory decision, We provide the exhibits data such as condition reports, prices and pictures by e-mail.

We place bids on the vehicles designated in Auction Order Form the Company provides in the Website on Your behalf. However, the decision whether to enter a bid is totally at Our discretion. Please remember that if Your bidding price is extremely lower than market price, We may suspend the bidding.

 
6. Payment & Deposit

Acceptable forms of payment are T.T. remittance, or cash (for visiting customers) in Japanese Yen only . Please note that You shall bear the bank charges for sending Your payment to Our bank account. Payment by credit cards, cheques and L/C are not acceptable.

The Customer is responsible for all import rules, regulations, procedures, taxes and costs at the destination country.

  1. Stock Purchase

    All vehicles listed in the stock lists are based on FOB (Free on Board) basis.

    The Customer may request one of the following trade terms;

    a) FOB (Free on Board) price

    Includes the following:

    1. Vehicle price

    2. Japan-side procedure costs (Our commission, consumption tax, de-registration, in-land transportation, customs clearance, shipping documentation, port movements to and from bonded area, boarding of carrier vessel. etc.)

    b) C&F (Cost and Freight) price

    Includes the above mentioned [a) FOB price ] + [ ocean freight ]

    c) CIF (Cost / Insurance / Freight) price

    Includes the above mentioned [b) C&F price ] + [ marine insurance ]

    Once the Customer and the Company agree on a particular vehicle and on a price of the above a),b) or c), We will forward by e-mail (or fax) purchase agreement/sales invoice with the vehicle description, price, bank details and other relevant information. The Customer is required to pay the full amount of the price written in the sales invoice within 2 working days from the sales invoice date . When full payment is confirmed, t he ownership of a vehicle is transferred to You, then it is removed from Our stock lists and shipping procedure is initiated.

  2. Auction Purchase Request

    To buy vehicles from auctions through the Website, the Customer is required to remit a refundable deposit in accordance with gPaymenth stipulated in Auction FOB Charge We provide in the Website to Our bank account by T.T. Remittance.

    The bid price is the vehicle price at which the Customer wants to buy a particular car at auctions. It does not include delivery/shipping charges. (>> Auction FOB Charge )

    The Customer may request one of the following trade terms;

    aa) FOB price (Free on Board)

    includes the following:

    1. Auction price of the vehicle (The actual price that You paid for the vehicle at auctions.)

    2. Auction FOB Charge

    bb) C&F price (Cost and Freight)

    includes the above mentioned [aa) FOB price ] + [ ocean freight ]

    cc) CIF price (Cost / Insurance / Freight)

    includes the above mentioned [bb) C&F price ] + [ marine insurance ]

    Before submitting Auction Order Form We provide in the Website through the Website, the Customer is required to agree to pay the Price(i.e. (1)the full auction price of the vehicle along with Auction FOB Charge[the above aa)], (2)the full auction price of the vehicle along with Auction FOB Charge and ocean freight[the above bb)],OR (3)the full auction price of the vehicle along with Auction FOB Charge, ocean freight and marine insurance[the above cc)]).

    On successful bids, We will send You purchase agreement/sales invoice for the Price less the above deposit You paid, which You shall pay to Our bank account by T.T. remittance within 5 working days from the sales invoice date. If, however, We are unable to confirm the payment within 14 days from the Invoice date, the deposit may not be refunded, and it may result in the vehicles being re-submitted to auction houses.

    On unsuccessful bids, the amount of JPY(i.e. Japanese Yen) 1,000/car for bidding charge may be deducted from the above deposit You paid. The Customer is expected to either (1) request the Company to bid from other sources until You are successful with a vehicle purchase, OR (2) request a refund of the deposit less bank fees and the above bidding charge.

 
7. Refund Policy

A request for refund would be considered in the following situations

a) << Stock Purchase >> Payment was made for a vehicle which meanwhile was sold to another customer, or became unavailable.

--- We return the funds entirely and immediately, OR We provide a similar vehicle of similar kind and quality.

b) << Auction Request Purchase >> If the bid is unsuccessful

--- We return the deposit less bank fees and the above bidding charge, OR You request Us to bid from other sources until You are successful with a vehicle purchase.

c) << Auction Request Purchase >> We fail to finalize successfully a purchase request within a mutually agreeable period, for reason clearly resulting from Our negligence or incompetence. 

--- We return the deposit entirely.

d) << Auction Request Purchase >> Other than the above b) and c)

--- We return the deposits less bank charge and Our processing fee of JPY 20,000.

 
8. Cancellation

In the event of cancellation, a cancellation fee of JPY 100,000 plus any loss incurred may be deducted from Your funds. We may NOT accept any cancellation after the booking on the ship for international shipping is processed.

 
9. Shipping & Documents

Upon confirmation of payment of the Price, We will initiate shipment of the vehicle.

In case of FOB(6 ii aa)), the Customer is required to give shipping instructions in time and arrange necessary shipping space. In case of C&F(6 ii bb)) and CIF(6 ii cc)), We shall ship the vehicle by the first available vessel.

Internal freight charges vary with volume of vehicle and port of destination.

When roll-on & roll-off services are not available for a specific destination, We offer container-shipping services.

Marine insurance is calculated based on the value of the vehicle. Marine insurance coverage is limited to the risk of total loss, disasters or acts of Gods and damages clearly imputable to negligence of the carrier.

We will not be held responsible for any financial loss or damage caused by shipping delays, as We have no control over vessels schedules & availability

The following documents will be forwarded to the Customer/consignee via Japan Post EMS(i.e.Express Mail Service) as soon as they become available.

  1. Original Bills of Lading --- Necessary to collect vehicle at destination
  2. Commercial invoice --- For record and tax purposes.
  3. Original vehicle de-registration (also referred to as gExport Certificateh) in Japanese and in its English translation
  4. Auction Sheet in Japanese and in its English translation

Any documents other than the above necessary for import and pre-shipment tests (JAAI inspection, etc.) will be provided on request at the Customer's expense. The Customer is required to notify Us of such requirements within 24 hours of submitting a form to purchase a vehicle

 
10. Warranty

We undertake at all times to represent vehicles as accurately as possible, We are however reliant upon third parties for such information. The features and services in the Website are provided on the gas ish and gas availableh basis. The Company offers neither warranty nor guarantee of vehicles condition, and the Customer shall purchase at his or her own risk.

The Company is in no way liable for any disputes between the Customer and third parties that may arise through use of the service provided by our company.

 
11. Force Majeure

The Company shall not be liable to the Customer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of these TERMS and CONDITIONS where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labor dispute, civil commotion, intervention of a government, inability to obtain labor, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond its reasonable control.

 
12. Settlement of Dispute

The Company and the Customer submit to the exclusive jurisdiction of the Tokyo District Court of Japan with respect to any dispute arising from these TERMS and CONDITIONS.

 
13. Governing Law

These TERMS and CONDITIONS shall be governed by, and construed and interpreted in accordance with, the laws of Japan only without giving effect to choice of law rules.

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